Legal Opinion

One Eighteen Housing Development Fund Inc. v. Smith

Civil Court of the City of New York

Decided May 3, 2017Published

1Opinion of the Court

OPINION OF THE COURT

Michael L. Weisberg, J.

This is a holdover summary eviction proceeding. The subject apartment is located in a building receiving subsidy assistance by virtue of its participation in the National Housing Act § 221 (d) (3) (codified at 12 USC § 1715/ [d] [3]) Below Market Interest Rate (BMIR) program. The petition alleges that one of the tenants—respondent Rasheed Anthony—pleaded guilty to criminal sale of a controlled substance, a class B felony under Penal Law § 220.39,1 after an undercover “buy and bust” arrest made at 273 West 114th Street, four blocks north of the…

2Cases cited3 opinions

  1. God's Battalion of Prayer Pentecostal Church, Inc. v. Miele AssociatesNew York Court of Appeals · 2006
  2. Rosner v. Metropolitan Property & Liability InsuranceNew York Court of Appeals · 2001
  3. People v. RobbinsNew York Court of Appeals · 2005

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